Luxembourg, 02/06/2006 (Agence Europe) - On Thursday in Luxembourg Ministers of Justice from the 25 adopted a draft European procedure for litigation on amounts involving less than € 2,000. The proposal introduced in 2005 by the European Commission is expected to simplify and speed up the settlement of litigation involving minor amounts of money and reduce costs by proposing a facultative instrument to be used in conjunction with litigation procedures in Member States. The new procedure will apply to civil and trade questions when the total value of a pecuniary or non-pecuniary demand is less than € 2,000. Completing a relevant form should be enough to begin proceedings and then it should be sent to the competent jurisdiction by post or e-mail if the country in question agrees. The proceeding will therefore generally consist of a written procedure. The defence has a month to reply as from the time s/he receives notification. The jurisdiction then has a month to reach a decision, request additional information or call on the parties to attend a hearing. The decision should normally be made in the six months after registration of the request. The parties are not obliged to seek legal representation. A decision in a Member States as part of the European proceedings on minor financial amounts should be acknowledged and executed immediately in other Member States, without need of a declaration stating its authority for enforcement. Its legal authority cannot be challenged. Appeals will depend on the legislation of the Member State. The scope of the proposal is subject to co-decision and will, however, be limited to cross-border transactions even if the Commission is proposing that it also cover national transactions. The following will also be excluded: the situation and capacity of natural persons; matrimonial systems, wills and probate; bankruptcy; concordat and other similar proceedings; social security; arbitration; labour law.
On Thursday Ministers also ratified the political agreement on non-contractual relations ROME II (co-decision). The JHA Council in April had managed to obtain an agreement at qualified majority, despite the reluctance from many different countries (EUROPE 9182). Only Lithuania and Estonia voted against the final compromise proposed by the Austrian Presidency. The proposal aims to ensure that national courts in all Member States apply the same law in cases of cross-border litigation involving non-contractual obligations (EUROPE 8510). Four years after the entry into force of the regulation, the Commission will be presenting a report in which it will examine specific Community legislation on law applicable to traffic accidents and libel.